Facts

On Feb. 15, 2019, claimant Samuel Bland, a 64-year-old construction worker, employed by LC Paving, was a passenger in a work vehicle, a Ford F550 truck. While on his way to work, defendant Caruso rear-ended the truck on the I-15 near Riverside. Bland was the only person injured in the collision despite there being two occupants in his vehicle, no one else claimed any injuries.

PLAINTIFF'S CONTENTIONS: Plaintiff claimed that the injuries in the collision, despite being of low impact, were caused by the collision because he was in good health prior and was more susceptible to injury due to his age.

DEFENDANT'S CONTENTIONS: Respondent claimed that the collision was of such low impact of forces, that the injuries claimed were no more than soft tissue in nature and anything other than conservative treatment was not related to the accident and pre-existing. Respondent contended that the neck, lower back, and right shoulder issues were not related to the original car accident. Instead, a slip and fall of June 2019 (only four months after the accident) was an intervening event that cut off the injuries claimed.

Settlement Discussions

Claimant demaned $1 million policy limits.

Damages

The estimate repair the Ford truck was $939. The Ford truck was not repaired. Caruso did not disclose any repairs to his vehicle.

Injuries

Claimant claimed injuries to his neck, right shoulder, lower back with radiating symptoms. He underwent neck surgery, left shoulder arthroscopic and lower back fusion.

Result

Settlement for $882,000 ($15,000 third party policy limits; $5,000 medical; $650,000 underinsured motorist litigation; $212,000 workers' compesation award, medical, and wages)